Trump signed executive orders Thursday attempting to ban TikTok and WeChat from operating in the US, citing national security concerns.
In the orders, the president invoked a 1977 law that gives him the authority to block foreign transactions that pose national security risks.
But a legal expert told Business Insider that the orders are "likely to have First Amendment problems" because they attempt to restrict speech.
The Trump administration also faces practical and technical challenges in implementing a ban that actually keeps Americans from using the apps.
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After weeks of ramping up his rhetorical attacks on TikTok, President Donald Trump issued an executive order Thursday banning "any transactions" with its parent company ByteDance.
He didn't stop there, issuing a second order shortly after targeted at transactions with Tencent-owned messaging app WeChat.
In both cases, Trump cited concerns that the apps could allow the Chinese government to spy on Americans and claiming that Beijing could pressure the companies to censor content it doesn't like.
But attempting to censor free speech is the exact reason Trump's executive orders could run into legal trouble in US courts, according to one legal expert.
Kyle Langvardt, a law professor at the University of Nebraska Lincoln, told Business Insider that Trump's orders "are likely to have First Amendment problems."
"The reason is that they discriminate based on the identity of the speaker (Bytedance, Tencent), and also, arguably, based on the 'content' of their speech," Langvardt said.
In Thursday's orders Trump invoked his authority the International Emergency Economic Powers Act, a 1977 law that allows him to declare a national emergency, during which he has "broad authority" to regulate foreign economic transactions.
In an executive order implemented last year, Trump used the IEEPA to give the administration the ability to interfere in any business transaction involving "information and communications technology or services" that "otherwise pose an unacceptable risk to the national security of the United States or the security and safety of United States persons."
Langvardt said that "both orders probably comply with the IEEPA," but they still could face legal scrutiny for discriminating against certain speakers or types of speech.
"Content discrimination is unconstitutional unless the law is 'narrowly tailored' to serve a 'compelling governmental purpose,'" he said. "Most laws fail this test."
Langvardt added that, though he doesn't personally buy this interpretation, most First Amendment experts would consider the apps themselves to be "content," and therefore targeting TikTok and WeChat specifically is effectively discriminating against them in violation of the First Amendment.
"The companies express themselves by setting their own rules for what to take down and what to leave up," he said, so "the [executive orders] discriminate against their 'message.'"
Aside from the legality of Trump's orders, there are also practical and technical considerations.
Langvardt and other legal experts told Business Insider that approaches such as removing the apps from Apple and Google's app stores or blocking internet traffic to the apps similar to China's "Great Firewall" both raise significant challenges of their own.
Short of a ban that effectively prevents Americans from using TikTok, Trump has pushed instead for a US company to buy ByteDance's share in the company, thereby severing its Chinese connections.
Right now, Microsoft appears to be the leading contender. The Seattle-based tech giant said earlier this month it's in talks with ByteDance, and Trump said he would be open to a Microsoft purchase due to the company's existing "high-level" security clearances.Join the conversation about this story » NOW WATCH: We tested a machine that brews beer at the push of a button
Get the latest on coronavirus. Sign up to the Daily Brief for news, explainers, how-tos, opinion and more.The UK’s governments have removed Belgium, Andorra and the Bahamas from its quarantine-exception list.Transport secretary Grant Shapps has said arrivals in England from the three countries will have to quarantine from 4am on Saturday for 14 days.The Welsh government said quarantine order will apply from midnight tonight, and the Scottish government said restrictions will be in place from Saturday.In a tweet, Shapps said: “Data shows we need to remove Andorra, Belgium and The Bahamas from our list of #coronavirus Travel Corridors in order to keep infection rates DOWN.“If you arrive in the UK after 0400 Saturday from these destinations, you will need to self-isolate for 14 days.”Speaking about the changes to the quarantine list, Scottish justice secretary Humza Yousaf said: “The governments of all for nations have agreed to these changes based on a shared understanding of the data.“This is another important step in our efforts to prevent the spread of the virus, and adhering to the quarantine is a vital aspect of this.“Imposing quarantine requirements on those arriving from another country is not a decision made lightly – but suppressing the virus and protecting public health remains our priority.”In a statement, Welsh government health minister Vaughan Gething said: “Yesterday, I attended a meeting of ministers from all four UK countries to consider the public health risk posed by an increasing prevalence of Covid-19 in Andorra, the Bahamas and Belgium.“Having considered the evidence for the public health risk now posed by travellers who enter the UK from these places, the Welsh government will later today remove Andorra, the Bahamas and Belgium from the list of countries and territories exempt from our health measures at the border.“Together with other UK ministers, I have also considered the public health risk posed by a decreasing prevalence of Covid-19 in Brunei and Malaysia.“As a consequence, the Welsh government will also later today add Brunei and Malaysia to the list of countries and territories exempt from our health measures at the border.”This is a breaking news story and will be updated. Follow HuffPost UK on Twitter, Facebook and Instagram.
Rashad Robinson, an organizer behind the Stop Hate for Profit boycott, says civil rights groups can’t be left to police the company by themselves.
Illustration by Alex Castro / The Verge
DoorDash on Wednesday announced the launch of a chain of virtual convenience stores the company is calling DashMart, which will sell snacks, groceries, and other food-related products from partner restaurants. These stores don’t have brick-and-mortar locations. Instead, they exist solely on the DoorDash app, kind of like a ghost kitchen if it were a CVS or 7-Eleven instead.
Right now, the company says DashMart is available in eight cities in the US: Chicago, Illinois; Columbus, Ohio; Cincinnati, Ohio; Dallas, Texas; Minneapolis, Minnesota; the greater Phoenix, Arizona area; Salt Lake City, Utah; and Redwood City, California. But DoorDash is planning to expand that to more locations in the future, starting with a broader rollout in...
The Electrohome Birmingham is charmingly shaped like a guitar amp, and the 1/4-inch input means you can jam along to your favorite songs.
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Update: Now that the Pixel 4a is official, I am definitely "upgrading" from my Pixel 4 XL.
With MacBook Air versus MacBook Pro, it’s a question of how much power and speed you require — go by that.
Wednesday's highly-anticipated antitrust hearing featuring Amazon CEO Jeff Bezos, Google and Alphabet CEO Sundar Pichai, Facebook CEO Mark Zuckerberg, and Apple CEO Tim Cook has officially come and gone.
Now, Congress will consider the testimonies delivered during the hearing as well as other meetings and hearings made in the last year as part of its investigation into online competition.
Lawmakers will also take into account hundreds of thousands of internal company emails, memos, and other documents submitted to Congress as part of the investigation.
Congress will release a report outlining its findings of the investigation in the coming weeks.
The report could be another step toward eventually creating new antitrust laws, or revising the original ones, that would better apply to 21st-century big tech and could more efficiently keep the industry in check.
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Wednesday's nearly six-hour tech antitrust hearing was quite a spectacle.
Republican lawmakers used the opportunity to question the execs on anticonservative bias they say is prevalent on the online platforms. One of them, Rep. Jim Jordan, asked the CEOs for their opinion on cancel culture. Some subcommittee members mispronounced Google CEO Sundar Pichai's name incorrectly (peek-eye.) Amazon CEO Jeff Bezos forgot to unmute himself before talking at one point and took a snack break or two.
Though highly-anticipated and star studded, Wednesday's Big Tech hearing was just one part of an ongoing congressional investigation into competition in the digital market. And some of the most striking revelations so far come not from the CEO questioning, but from the hundreds of thousands of internal company emails and other documents gathered by Congress.
As Business Insider has reported, the unguarded discussions among company leaders in the emails reveal a pattern of cutthroat actions to snuff out or leapfrog emerging rivals.
Now it's up to the members of Congress to roll up their sleeves and — taking into account the trove of emails, the CEO's answers at Wednesday's hearing, and the hundreds of hours of other meetings and hearings — reach an agreement about what kind of ground rules are preprepared for the new breed of corporate juggernauts that control powerful and borderless digital platforms.
The antitrust subcommittee is expected to release a report of its investigation in the coming weeks. The end goal is to create new laws, or approve revisions to the original century-old ones, that are better tailored to 21st-century tech companies. The laws as they stand now aren't updated to apply to modern tech business. For example, US anticompetitive laws have to show that consumers are being harmed, and that's more difficult to do in big tech than in other industries in the past, like oil.
As Rep. David Cicilline, the chair of the House Judiciary's antitrust subcommittee, said in his closing statements Wednesday, "This hearing has made one fact clear to me: These companies as they exist today have monopoly power. Some need to be broken up, all need to be regulated and held accountable."
But blanket regulation may not be feasible, since each of the four companies present different concerns with regards to competition. Amazon is primarily being investigated over claims that it gives special treatment to its own brands over third-party sellers. Google is under scrutiny for its dominance in digital ads. Facebook is in the spotlight for acquiring would-be competitors like WhatsApp and Instagram. And lawmakers are looking into Apple's App Store commission rates and whether or not they hurt developers.
So Congress would not only have to lay the groundwork for better antitrust regulation in the tech world but design it in a way that encompasses a broad scope of anticompetitive business practices. That won't be easy, but the hearing and the antitrust subcommittee's upcoming report is a step in that direction.SEE ALSO: A surfaced email shows Apple striking a 2016 deal with Amazon, offering a 15% App Store fee instead of 30% so that the Prime Video app would launch on iPhones
Join the conversation about this story » NOW WATCH: Why Pikes Peak is the most dangerous racetrack in America
The iPhone 12 Pro and its siblings are still a few months away from a release. Even more, now that Apple has confirmed a small ...
The post iPhone 12 Pro covered with Gold coming soon provided you have $23,000 to pay appeared first on Gizchina.com.
Listen to our weekly podcast Am I Making You Uncomfortable? about women’s health, bodies and private lives. Available on Spotify, Apple, Audioboom and wherever you listen to your podcasts.Watch a sex scene on TV and – more often than not – it’ll be painfully heteronormative and focus on penetration, with the woman orgasming easily after two minutes of wham, bam, thank you ma’am. In real life, female pleasure rarely occurs that way. So, to encourage more accurate (and feminist) representations of pleasure in pop culture, two women have created ‘The Clit Test’ – think of it like the Bechdel test, for sex scenes. The Clit Test celebrates TV shows, films, books and music that acknowledge the clitoris, not the vagina, is the source of orgasm for at least 80% of women and people with vulvas. READ MORE:
7 Women On Their Most Memorable Orgasm: 'An Absolute Mind-Bending Sensation'
Frances Rayner, 34, from Glasgow, created the test out of frustration with sex scenes she’d seen on screen, which often imply women are always able to orgasm through penetrative sex. Irene Tortajada, 25, from London, joined her, as she felt little progress had been made to help her generation understand female pleasure. “Growing up, I was entirely clueless about my own pleasure because no one had told me about the clitoris,” Rayner says. “From a young age, I knew about blow jobs, penis in vagina sex and male masturbation, but nothing I consumed taught me how women’s bodies worked beyond periods and pregnancy. “This misleading ‘sexual script’ is one of the main reasons women and girls who have sex with men have alarming rates of disappointing, bad and even painful sex.” A ‘Clit Test pass’ occurs any time the clitoris is acknowledged, say Rayner and Tortajada. This could be a head or a hand disappearing under the covers, a mention of women masturbating or even someone expressing disappointment with sex that was only penetrative.Recent passes include Olivia Wilde’s teen film, Booksmart, Michaela Coel’s TV comedy, Chewing Gum, and Bernardine Evaristo’s Booker Prize-winning novel, Girl, Woman, Other.Related...
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The campaign is supported by two leading academics on the female orgasm: Professor Elizabeth Lloyd, author of The Case of the Female Orgasm, and Dr Laurie Mintz, author of Becoming Cliterate.Emmy and Golden Globe-winning star and co-creator of Crazy Ex-Girlfriend, Rachel Bloom, has also shown her support, as have bestselling writers Holly Bourne and Wednesday Martin.READ MORE:
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The Clit Test campaign launches on Friday July 31, to coincide with National Orgasm Day. To mark the day, the women behind the Clit Test are calling on members of the public to share their favourite sex scenes that pass the test, and thank the people who made them. You can share your passes and fails on social media using the hashtags #ClitTestPass and #ClitTestFail. “In the context of market-driven porn being accessible to children as young as 7, there’s never been a more important time to reset our shared norms around pleasure,” says Rayner. “The Clit Test celebrates the people who are getting it right, in the hope we will inspire others.” READ MORE:
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Bose Noise Canceling Headphones 700 are $100 off, down to $300 from $400, their lowest price ever at Amazon.
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Smartphones are being compared a lot with regular computers because of the great strides they have made in power while still keeping power consumption at a minimum. Of course, it’s apples to oranges considering there are many things smartphones or even tablets can’t do that even laptop users take for granted. Never mind how impossible it is to upgrade or … Continue reading
The executive in charge of almost all of Intel’s hardware, chief engineering officer Dr. Venkata (Murthy) Renduchintala, is leaving the company on August 3rd, Intel announced on Monday.
His departure comes on the heels of Intel’s announcement that its next-gen 7nm chips are delayed until at least 2022, and after years of delays for the company’s 10nm processors as well, which bottlenecked advancements for much of the laptop industry. Intel did not cite a specific reason for Renduchintala’s departure.
Intel poached Renduchintala from Qualcomm in February 2016, and put him in charge of everything from the design to engineering to manufacturing of Intel’s chips — and other hardware bets — under one group, the Technology, Systems...
This article was originally published by Built In. As families and schools across the country adjust to the new normal of remote learning, litigants are heading to court claiming that the very technologies that make remote learning feasible may be impermissibly collecting children’s personal data. Allegations that remote learning tools are violating the Children’s Online Privacy Protection Act are coming from both state and private litigants. COPPA requires online providers that collect the data of children under 13 years of age to take specific measures to protect that data, including privacy policies, parental consent and reasonable data security practices. In… This story continues at The Next Web
SAP has announced that Qualtrics, the subsidiary it purchased for $8 billion in 2018, will be going public.
The company said that SAP's board has already approved the deal, and that it plans to maintain its majority stake in the company even after the IPO.
Qualtrics was just days away from going public at the time of the SAP acquisition.
SAP has said that cloud applications like Qualtrics are core to its business strategy, as a differentiator from the likes of Amazon Web Services and Microsoft.
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Qualtrics was just days away from an IPO when SAP announced in November 2018 its intent to acquire the company at an $8 billion price tag. Now, it looks like Qualtrics will get a second shot at the public markets, as SAP announced on Sunday its plans to take the subsidiary public.
While a timeline for that offering was not announced, SAP said that it will keep its majority stake in Qualtrics even after the IPO, and that Qualtrics CEO Ryan Smith will continue to helm the company out of its headquarters in Provo, Utah.
"[We] decided that an IPO would provide the greatest opportunity for Qualtrics to grow the experience management category, serve its customers, explore its own acquisition strategy, and continue building the best talent," SAP CEO Christian Klein said in a press release, adding that Qualtrics will remain as "SAP's largest and most important go-to-market and research and development (R&D) partner."
The news comes ahead of German software giant SAP's earnings report on Monday. The company announced preliminary financial results earlier in July, reporting revenues of €6.74 billion (or just shy of $8 billion USD) — up about 2% from the same period of 2019, and reiterating its guidance for the year. Following that report, SAP's stock has been on a slow climb and is now up some 16% from last year.
SAP has indicated that Qualtrics is a pillar of its cloud strategy: It has partnerships with major cloud platforms Amazon Web Services, Microsoft Azure, and Google Cloud, allowing customers to host their SAP databases and other software with those so-called hyperscale providers. But SAP sees cloud software like Qualtrics — which helps companies gather feedback from customers and use it to improve their products — as a key differentiator.
"We also have to make sure in these partnerships that we still own the platform, and the application layer of that because this is our territory. This is where SAP has to win, and I want to really focus on making sure that we have great partnerships with the hyperscalers, but we also want to draw a clear line in the sand," Klein told Business Insider's Ben Pimentel in a recent interview.
The move also follows some recent shakeups at SAP. Late last year, longtime CEO Bill McDermott stepped down at SAP to take over in the same role at cloud software giant ServiceNow. McDermott was replaced by Klein and Jennifer Morgan as co-CEOs — but that arrangement proved to be short-lived, as Morgan left SAP in April, leaving Klein as sole CEO. Klein would later say that the co-CEO structure added complexity that slowed down decision-making, especially amid the COVID-19 pandemic.
For Qualtrics' part, the move towards an IPO highlights the company's rapid ascent: As a privately-held startup, Qualtrics resisted taking venture capital funding for the first ten years of its existence, only relenting in 2012. By the time of its original IPO plans, it had raised some $400 million and achieved a $2.5 billion valuation.
Had it gone public, it was on track to debut at a market cap of $4.8 billion, meaning that at $8 billion, SAP paid what appeared to be a hefty premium for the company. While it's unclear what valuation Qualtrics might seek on the public markets this go-round, this IPO stands to give an updated look into the company's business and financials. Join the conversation about this story » NOW WATCH: How waste is dealt with on the world's largest cruise ship
Our robot colleague Satoshi Nakaboto writes about Bitcoin every fucking day. Welcome to another edition of Bitcoin Today, where I, Satoshi Nakaboto, tell you what’s been going on with Bitcoin in the past 24 hours. As Marx used to say: Talk to a stranger on a bus! Bitcoin price We closed the day, July 23 2020, at a price of $9,581. That’s a minor 0.56 percent increase in 24 hours, or $53. It was the highest closing price in twenty-nine days. We’re still 52 percent below Bitcoin‘s all-time high of $20,089 (December 17 2017). Bitcoin market cap Bitcoin‘s market cap… This story continues at The Next WebOr just read more coverage about: Bitcoin,YouTube
But will the UPC will be legal – or even worthwhile – without Britain? Analysis The UK has formally ditched the Unified Patent Court (UPC), a project to create a single pan-European patent system that would fix the confusing mess of contradictory laws currently in place.…
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The 55-inch Samsung Q60R is one of the most desirable QLED 4K TVs on the shelves, appealing to those wanting to modernize their entertainment setup on a budget — even more so when it’s on sale for just $700 ($69/month through the retailer’s flexible 12-month financing arrangement), down $500 from the usual $1,200.This happens to be the cheapest we’ve seen it to date, coming in at $200 less than the last recorded sale price.So, what’s so special about a QLED TV?In all fairness, we’re inclined to agree as you’d usually have to fork out $800 to see a 43-inch Samsung Q60R at the center of your living room.Now, we know what you’re thinking: Isn’t buying the 55-inch Samsung Q60R now a risk, as it could be discounted further on Black Friday at the end of the month?This offer is part of Samsung’s Black Friday TV deals, which kicked off on November 7 and will run right through the shopping bonanza itself — so there’s no risk of waking up on Friday, November 29 and finding it listed at either Samsung or Walmart cheaper.
Amazon has rolled out a new feature it calls ‘Alexa Home Theatre System’ that enables its home entertainment customers to play audio from a Fire TV through an Echo smart speaker.The feature has launched with support for select Fire TV and Echo models at this time, including for some of the older units.Multiple configurations can be used ranging from a 1.0 to 2.1 setup.If you don’t particularly enjoy the audio quality from your TV’s built-in speakers but you lack an external surround sound system, the new Alexa Home Theatre System may be a suitable option.With this, users can have the audio from content played on Fire TV piped through compatible Echo speakers.The system can be set to use only a single Echo speaker, one Echo with the Echo Sub subwoofer, or two Echo speakers with and without the subwoofer.